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HomeMy WebLinkAbout1999-08-24 ResolutionRESOLUTION NO. 99-276 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: " Radisson Hotel-Iowa City - 2525 N. Dodge Street Iowa City Fall Fun Festival - 2140 Rochester Avenue It was moved by Vanderhoef and seconded by as read be adopted, and upon roll callthere were: O'Donnell that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 24th day of August , 19 99 ATTEST:CiT~CLE/-L/-L/-L/-L/-L~E~RK 9/12. ~"~ City Attorney's Office a\danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-277 RESOLUTION TO ISSUE CIGARE'i'rE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Natural Mystic - 116 S. Linn Street Passed and approved this 24th A'II'EST:Ci~~ ~- ~Aj It was moved by Vanderhoef adopted, and upon roll call there were: day of Auqust ,19 99 Approved by City Attorney's Office and seconded by O'Donnell the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes%cigpefrn .doc RESOLUTION NO. 99-278 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, HawkPy~ Amuse, ment at 1214 S. Gilbert Street Iowa, has surrendered cigarette permit No. 96-3 , expiring ,June 30 20r]Ft , and requests a refund on the unused portion, now thereof, in Iowa City, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 96-3 , issued to Hawkeye Amusement (Roxie' s ) be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 100.00 , payable to Hawkeye Amusement as a refund on cigarette permit No. 96 -3 Passed and approved this ATTEST: CIT~~ ~' 24th day of August ,19 99 Approved by City Attorney's Office It was moved by Vanderhoef adopted, and upon roll call there were: and seconded by 0'Donnell AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be clerk~res~cigrefnd .doc RESOLUTION NO. 99-279 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Gasby's Downtown at 114 E. Washington Street Iowa, has surrendered cigarette permit No. 96-9 , expiring June 30 20 00 , and requests a refund on the unused portion, now thereof, in Iowa City, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 96-9 , issued to Gasby's Downtown be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of ~ 1-00.00 , payable to Gasby's Downtown as a refund on cigarette permit No. 96-9 Passed and approved this 24th day of Auqust , 19 99 ATTEST: )7/L~2xx:~x_-) CITY CLERK c AYOR A p~~lll/by~ ~ City Attorney's Office It was moved by Vanderhoef adopted, and upon roll call there were: and seconded by 0'Donnell AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be clerk~res~cigrefnd.doc Prepared by: Daniel Scott, Engineering, 410 E, Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 99-280 RESOLUTION SE'FI'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING CENTER PROJECT PHASE I, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 14th day of September, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said headng. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 24th day of s City Attorney's Office ATTEST:C~i~,-~ ~. It was moved by Vanderhnef and seconded by 0'Donnel 1 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby × Lehman X Norton X Q'Donnell X Thornberry X Vanderhoef pwengVes~and~ll2 .doc 4e(2) Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-281 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WETHERBY PARK REDEVELOPMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 14th day of September, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. ~AYOR Approved by City Attorney's Office ATTEST:Ci'~_ C"~'~R~9 '~' It was moved by Vanderhoef and upon roll call there were: and seconded by O'Donnell the Resolution be adopted, parksrecVes\wethrby,doc AYES: X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donneli Thornberry Vanderhoef Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-282 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR RECONSTRUCTION OF THE MERCER PARK TENNIS COURTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 14th day of September, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said headng. Passed That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. and approved this ATTEST: Ci~~C~ER_~K CI Approved by It was moved by Vanderhoef and upon roll call there were: and seconded by O'Donnell the Resolution be adopted, AYES: NAYS: X parksrecVes~mercer3.doc ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 99-283 RESOLUTION SETTING A PUBLIC HEARING ON INTENT TO CONTINUE WITH A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH SYCAMORE REGIONAL STORMWATER AND GREENSPACE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE DOCUMENTATION ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the City's intent to continue with a public improvement project and to acquire property rights for the South Sycamore Regional Stormwater and Greenspace project is to be held on the 14th day of September, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled,. at the next meeting of the City Council thereafter as posted by the City Clerk· That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That documentation of the proposed location of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this ?4th ~AYOR City Attorney's Office pweng\res~southsyc.doc Resolution No. 99-283 Page 2 It was moved by Vanderhopf and seconded by adopted, and upon roll call there were: 0 ' Donne] ] the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub, by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 99-284 RESOLUTION SETTING A PUBLIC HEARING ON INTENT TO PROCEED WITH A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD IMPROVEMENTS, HIGHWAY I TO ABBEY LANE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE DOCUMENTATION ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the Mormon Trek Boulevard Improvements, Highway 1 to Abbey Lane project is to be held on the 28th day of September, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That documentation of the proposed location of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this ATTEST:Ci~LER-~~K ~- pweng\res\mortrek .doc Resolution No. 99-284 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef .... 08-24-99 4e(6) Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141 RESOLUTION NO. 99-285 RESOLUTION SETTING A PUBLIC HEARING ON INTENT TO-PROCEED WITH A PUBLIC IMPROVEMENT PROJECT AND TO ACQUIRE PROPERTY RIGHTS FOR THE LONGFELLOW-TWAIN PEDESTRIAN TUNNEL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE DOCUMENTATION ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the City's intent to proceed with a public improvement project and to acquire properly rights for the Longfellow-Twain Pedestrian Tunnel project is to be held on the 28th day of September, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That documentation of the proposed location of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 24th ATTEST:Ci~~E-c~RK '/r/- day of Auqust ,19 99 City Attomey's Office pweng\res~lngtwain .doc Resolution No. 99-285 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 99-286 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2000 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., September 14, 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2000 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 24th day of August , 1999. Approved by It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: finadm\res\operbdg .doc -~;~'~/~ ~I~'/~-I City Attorney's Office 0'Donnell the Resolution be AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Prepared by: Kevin Doyle, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 99-287 RESOLUTION AUTHORIZING THE EXECUTION OF IMPLEMENTATION AGREEMENT BETWEEN THE JOHNSON COUNTY · COUNCIL OF GOVERNMENTS AND THE CITY OF IOWA CITY FOR THE DELIVERY OF PLANNING SERVICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, it is in the mutual interests of the member agencies of the Johnson County Council of Governments to enter into an agreement providing for the delivery of planning services by the Johnson County Council of Governments; and WHEREAS, Chapter 28E of the Code of Iowa, 1997, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor be authorized to execute and the City Clerk to attest an agreement for delivery of planning services by the Johnson County Council of Governments. 2. Following execution thereof, the City Clerk shall file the amended agreement with the Secretary of State and the Johnson County Recorder. Passed and approved this 24th day of August ,1999. MAYOR Approved by ATTEST:Ci~:~L%,~K Jr'/- ~//~,A2' ,//- ,/~ ?-,2- d:ity Attorney's Office jccogadm/resfJccog.doc N Resolution No, 99-287 Page 2 It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: AB SENT: X Champion X Kub_by X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef Prepared by: Kevin Doyle, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 Implementation Agreement This agreement is entered into by and between the Johnson County Council of Governments, hereina~er referred to as "JCCOG", and the City of Iowa City, hereina~er referred to as "City". WHEREAS, it is in the mutual interest of the City and JCCOG to enter into an agreement providing for the delivery of planning services by JCCOG; and WHEREAS, Chapter 28E of the Cod~ of Iowa, 1997, provides that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE CITY AND JCCOG AS FOLLOWS: I. SCOPE OF SERVICES A. All staff responsibilities, services, and duties to be performed by or on behalf of JCCOG shall be performed solely by employees of the City pursuant to the provisions herein. B. The City shall provide to JCCOG the services of an Executive Director and the following program area staff: a transportation planner, 1.5 assistant transportation planners, a traffic engineering planner, a human services coordinator, and a solid waste management planner. The executive director shall also fulfill some of the responsibilities of one of the program areas noted above. All personnel costs, including payroll taxes and benefits for the administrative functions of the executive director shall be paid by the City. All personnel, administrative, and support costs incurred for the program areas will be paid from the JCCOG accounts, as provided below. C. In addition, the City shall provide the part-time services of a secretary, a minute taker, and a technical assistant. Personnel costs, including payroll taxes and benefits, for these positions shall be paid by the City. Administrative and support costs incurred for services performed by persons in these positions on behalf of JCCOG shall be charged to JCCOG, as provided below. D. JCCOG shall provide to the County, City, and other member agencies, planning services consistent with Article III of its Amended Articles of Agreement, as directed by the JCCOG Board of Directors and Rural Policy Board. The duties and responsibilities assumed herein by the City shall be in addition to those established for the City, pursuant to Article VII of the amended articles. II. ACCOUNTING SERVICES As a repository for funds out of which disbursements shall be made, an accounting system for JCCOG shall be established by the City. Accounts for JCCOG shall be established within the City General Fund and costs assessed to JCCOG shall be charged to the appropriate account. Monthly and quarterly tabulations of expenditures incurred by JCCOG shall be provided by the City. 2 Ill. INDEMNIFICATION The parties of this agreement hereby agree to mutually defend and indemnify each other, and their respective officers, employees, and agents, from any and all liability, loss, cost, damage, and expense resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon the actions, policies, or directives of County and City employees while performing services pursuant to this agreement for JCCOG. IV. DURATION This agreement shall become effective upon the acceptance and execution of the parties and shall continue in effect until modified or repealed by the written consent of the parties. Either party may terminate this agreement by giving written notice of intent to terminate no later than March 15 of any year, to take effect on July 1 of the following calendar year (15 months' advance notice). Dated this of '~ "'c~'J ~ ,T' ,1999. CITY OF IOWA CITY Ernest W. Lehman, Mar Approved by: By: ~'/'~// ~ ChairPe~o.~ jccogadm/agt~ccog.doc CHESTER J. CULVER f.~g HOOVER BUILDING, 2ND FI.OOR IOwA S~:CRE'rARY OF STATI,: DES MOINES, IOWA 50319 ~l,gy 0~ ~' February 23, 2000 Marian K Karr City Clerk 410 E Washington St Iowa City, IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the County of Johnson Dear Ms Karr We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of February 23, 2000. Sincerely, Chester J Culver Secretary of State CJC/kw Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Prepared by: Dennis Gannon, Asst. City Engineer, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 99-288 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PELSANG PLACE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for Pelsang Place as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. WHEREAS, a maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted. Passed and approved this 241:h day of August ,1999. ATTEST:Ci~j~"RK~ ~ '/I' City Attorney's Office It was moved by Vanderhoef adopted, and upon roll call there Were: AYES: X X X x X X X and seconded by NAYS: 0' Donne'l I the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGINEER'S REPORT August 12, 1999 Honorable Mayor and City Council Iowa City, IA Re: Pelsang Place Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Pelsang Place have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the sanitary sewer improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, IA. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-289 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 153 SOUTH SCOTT BOULEVARD, IOWA CITY, IOWA WHEREAS, on July 1, 1997, the owner of 153 South Scott Boulevard executed a Mortgage and a Promissory Note in the form of a conditional occupancy loan through the City's Downpayment Assistance Program for the amount of $1,493; WHEREAS, this document created a lien against the property; WHEREAS, the loan was paid off on August 11, 1999; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 153 South Scott Boulevard, Iowa City, Iowa from the Mortgage and Promissory Note recorded on July 1, 1997 Book 2299, Page 73 through Page 76 and Book 2299, Page 83 of the Johnson County Recorder's Office. Passed and approved this 24th day of Auqust ,1999. Approved by City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell prx:lcdbg/res/153scott.doc AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 153 South Scott Boulevard, Iowa City, Iowa, and legally described as follows: Unit 153, Building 2, Scott Boulevard Condominiums, according to the Declaration thereof recorded in July 12, 1996, in Book 2121, Page 46, Records of the Johnson County Recorder's Office, including said unit's interest in the common elements from an obligation of the owner, Edith E. Walden, to the City of Iowa City in the principal amount of $1,493 represented by a Mortgage and a Promissory Note in the form of a conditional occupancy loan recorded on July 1, 1997 in Book 2299, Page 73 through Page 76 and Book 2299, Page 83 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: )1/{~2.,~.~--y_~ ':~. CITY'OLERK Approved by C~ty Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~.y~L. dayof J~u-G~,~-r- ,A.D. 19 ?e , beforeme, theundersigned, a Notary Public in and for said County, in said State, personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~'f--.;sf adopted by the , City Council on the ~' day , 19 ~ct and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-290 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A SECOND MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 2016 WESTERN ROAD, IOWA CITY, IOWA WHEREAS, on September 28, 1992, the owner of 2016 Western Road executed a Second Mortgage and a Promissory Note in the form of a conditional occupancy loan through the City's Downpayment Assistance Program for the amount of $2,000; WHEREAS, this document created a lien against the property; WHEREAS, the loan was paid off on July 29, 1999; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2016 Western Road, Iowa City, Iowa from the Second Mortgage and Promissory Note recorded on September 29, 1992 Book 1439, Page 198 through Page 202 of the Johnson County Recorder's Office. Passed and approved this 24th ATTEST:Ci, i,i~L-c~RK' '=/~'- day of A ~ ,~.._~__,_ Approved by City Attorney's Office It was moved by Vander'hoef adopted, and upon roll call there were: AYES: X X X X X X X ppdcdbg/res/"2016westem.doc and seconded by NAYS: 0' Donne'l '1 the Resolution be ABSENT: Champion Kubby Lehman Notion O'Donnell Thornberry Vanderhoef Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2016 Western. Road, Iowa City, Iowa, and legally described as follows: Also known as 2016 Western Road, Iowa City, Iowa, subject to a mortgage of even date herewith granted by mortgagors in favor of Iowa State Bank and Trust Company, from an obligation of the owner, Marty L. Martinson, to the City of Iowa City in the principal amount of $2,000 represented by a Second Mortgage and a Promissory Note in the form of a conditional occupancy loan recorded on September 29, 1992 in Book 1439, Page 198 through Page 202 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST:Ci~TJ'~3L~R~K '~' Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,~Y day of -A.,.~sT-- , A.D. 19 ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 77--~'~, adopted by the City Council on the ~ ~; day o-~ ~r~7-- , 19 ~?~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. plxIcdbg/2016westem.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-291 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND'THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 603 SOUTH DODGE STREET, IOWA CITY, IOWA WHEREAS, on July 25, 1996, the owners of 603 South Dodge Street executed a Mortgage in the form of a conditional occupancy loan through the City's Housing Rehabilitation Program for the amount of $8,056; and WHEREAS, this document created a lien against the property; and WHEREAS, the loan was paid off on July 30, 1999; thus WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 603 South Dodge Street, Iowa City, Iowa from the Mortgage recorded on August 16, 1996 Book 2142, Page 189 through Page 193 of the Johnson County Recorder's Office. Passed and approved this 24th ATTEST: ~,;r- 4,-z,~---,.z.-) ~- ~ ) CI~LERK day of , . Approved by ~~i ce>''//"'f f It was moved by Vande~'hoef and seconded by adopted, and upon roll call there were: 0' Donne ] '1 the Resolution be ppdcdbg/res/603dodge.doc AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Liz Osbome, CD Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 603 South Dodge Street, Iowa City, Iowa, and legally described as follows: Commencing at the northeast corner of Lot ten (10) in subdivision of Block nine (9) in Lyon's Second Addition to Iowa City, Iowa, according to the recorded plat thereof, thence south 60 feet, thence west 75 feet, thence north 60 feet, thence east 75 feet to the place of beginning. from an obligation of the owners, Jens Svendsen and Mille Guldbeck, to the City of Iowa City in the principal amount of $8,056 represented by a Mortgage in the form of a conditional occupancy loan recorded on August 16, 1996 in Book 2142, Page 189 through Page 193 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is heroby released from any liens or clouds upon title to the above property by roason of said prior recorded documents. ATTEST:C~ '--~. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~y +X day of A--sc~.~-f-- , A.D. 19 f'~t , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City C uncil, as contained in Resolution No. ~c2-27~. adopted by the City Council on the .-~, day ~ ~s'-r- , 19 ct~ and that the said Emest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa o TT~ ~t~'r~ ~ 'r~s' 8 ? ~ooo Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 99-292 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT AND A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 619 NORTH JOHNSON STREET, IOWA CITY, IOWA WHEREAS, on November 28, 1990, the owners of 619 North Johnson Street executed a Rehabilitation Agreement and a Rental Rehabilitation Lien in the form of a ten-year depreciation loan through the City's Rental Rehabilitation Program for the amount of $4,700; and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance ($940) of the lien was paid off on August 10, 1999; thus WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 619 North Johnson Street, Iowa City, Iowa from the Rehabilitation Agreement and the Rental Rehabilitation Lien recorded on December 19, 1991 Book 1308, Page 211 through Page 216 of the Johnson County Recorder's Office. Passed and approved this ATTEST: ~I~'CI~ER'~K ''/~' CI Approved by City AttoFney's Office It was moved by Vanderhc~ef and seconded by adopted, and upon roll call there were: 0' Donnel 1 the Resolution be ppd(x:lbg/res/619johnson.doc AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 619 North Johnson Street, Iowa City, Iowa, and legally described as follows: Commencing 32 feet north of the southeast corner of Lot 1 in Block 34, in Iowa City, Iowa, according to the recorded plat thereof, thence west 75 feet, thence north 43 feet, thence east 75 feet; thence south 43 feet to the place of beginning, subject to easements and restrictions of record thereof. from an obligation of the owners, Larry K. Olesen and Margaret H. Olesen, to the City of Iowa City in the amount of $4,700 represented by a Rehabilitation Agreement and a Rental Rehabilitation Lien recorded on December 19, 1991 in Book 1308, Page 211 through Page 216 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. A'FI'EST: ~ -~- ~ CITY CLERK Approved by z/l,/:.?,4' City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this J-~"' day of ~s--r , A.D. 19 ~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ??-z~'Z.. , adopted by the City Council on the ,2~4 day of k~s,-,,,~"r- , 19 ~?' and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdcdbg/619johnson.doc _.~a~_P~ub!ic in .and for Johnson Co nty, Iowa Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-293 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT PROVIDING FOR ALTERNATIVE STORMWATER MANAGEMENT AND TO RELEASE THE STORMWATER MANAGEMENT EASEMENT ON LOTS 1 AND 2, SCOTT'S FOURTH ADDITION, JOHNSON COUNTY, IOWA WHEREAS, During the platting of Scott's Foudh Addition, Johnson County, Iowa, the City required and obtained a future stormwater facility basin easement agreement over Lots 1 and 2 of the subdivision to provide for stormwater management upon annexation into the City; and WHEREAS, Since the platting of Scott's Fourth Addition, additional development in the area has resulted in the construction of a large stormwater management basin on property abutting Scott's Fourth Addition; and WHEREAS, The owner's of Lots 1 and 2 of Scott's Fourth Addition have reached an agreement with the property owner of the abutting stormwater management basin to allow stormwater from their lots to be diverted to the abutting basin and have requested that the City release its future stormwater basin easement in an effort to enable the property owners to fully utilize the area encumbered by the easement; and WHEREAS, Public Works has reviewed the proposed drainage routes and the alternative basin's capacity and has approved the alternative stormwater management provisions, thus making the easement on the subject property unnecessary; and WHEREAS, due to the implementation of adequate alternative stormwater management, it is in the public interest to release this unnecessary easement to allow the property owners to fully utilize the area currently encumbered by the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Mutual Covenants for alternative stormwater management to provide adequate stormwater management to the subject properties. Upon execution of the same, the City Council finds it is in the public interest to release the City's interest in the existing Future Stormwater Detention Basin Easement over Lots 1 and 2, Scott's Fourth Addition, Johnson County, Iowa, according to the final plat thereof. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the future stormwater detention basin easement located Lots 1 and 2, Scott's Fourth Addition, Johnson County, Iowa, according to the final plat thereof, and the Mayor is hereby authorized to sign, and the City Clerk to attest, a Release of said easement sufficient for recordation. Resolution No. Page 2 99-293 The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Mutual Covenants and Release, said recording costs to be paid by the Owners of Lots 1 and 2, Scotrs Fourth Addition, Johnson County, Iowa. The Owners' Engineer shall amend the mylar plat of this development on file with the City to reflect the City's release of this easement. Itwas moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell' the Resolution be AYES: NAYS: ABSENT: Passed and approved this 24th Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef day of Au ust ,1999. Cit:r'c""v'e'r~/~ ATTEST: CI~L~E~.~_...2 PREPARED BY: JEAN BARTLEY, 150 E. COURT STREET, STE. 200, IOWA CITY, IA (319) 338-9236 MUTUAL COVENANTS The following mutual covenants are entered this !.(Ok~q day of August, 1999, between Maxwell Development, L.C., hereinafter referred to as "Maxwell", and Lynn S. Branchini and Pamela S. Branchini, husband and wife, hereinafter referred to as "Branchini"; Burdette A. Maas and Julie A. Maas, husband and wife, hereinafter referred to as "Maas"; and the City of Iowa City, Iowa, hereinafter referred to as "City". WHEREAS, Maxwell owns a storm water detention basin located on Outlot A of WB Subdivision, Iowa City, Iowa; and WHEREAS, Branchini is the purchaser of Lot 1 of Scott's 4th Addition, Iowa City, Iowa; and WHEREAS, Maas is the purchaser of Lot 2 of Scott's 4th Addition, Iowa City, Iowa; and WHEREAS, Branchini and Maas wish to acquire the right to use the storm water detention basin located on Outlot A of WB Subdivision, Iowa City, Iowa which is owned by Maxwell; and WHEREAS, the City presently has an easement for a storm water detention basin located on Lots 1 and 2 which will be vacated upon the implementation of these covenants. NOW, THEREFORE, IT IS MUTUALLY AGREED AND COVENANT as follows: Maxwell, its heirs, assigns and successors in interest as owners of the storm water detention basin located on Outlot A of WB Subdivision, Iowa City, Iowa, do hereby agree to allow Branchini and Maas, their heirs, assigns and successors in interest to Lots 1 and 2 of Scott's 4th Addition to Iowa City, Iowa the right to use the storm water detention basin located on Outlot A of WB Subdivision, Iowa City, Iowa. In exchange for the use of the storm water detention basin located on Outlot A of WB Subdivision, Branchini and Maas agree as follows: That there will be a minimum of twenty-five feet of green space between the back of the curb of Naples Avenue, which is yet to be installed, and the nearest parking lot or structure on Lots 1 and 2 of Scott's 4th Addition, Iowa City, Iowa. This green space will be west of the future curb and east of any building or parking lot constructed on Lots 1 and 2 of Scott's 4th Addition to Iowa City, Iowa; -2- C, d, e, f, To install curb and gutter on the west side of Naples Avenue from Alyssa Street to the south property line of Scott's 4th Addition. Maxwell will be responsible for the installation of the curb and gutter on the east side of Naples Avenue from Alyssa Street to the south property line of Scott's 4th Addition. Branchini and Maas, their heirs, assigns and successors in interest, also agree to pay the cost associated with piping and RA-5 intakes required by the City of Iowa City in regard to the curb and gutter system on the west side of Naples Avenue to the south property line of Scott's 4th Addition to Iowa City, Iowa. Maxwell, its heirs, assigns and successors in interest, agree to pay the cost associated with piping and RA-5 intakes required by the City of Iowa City in regard to the curb and gutter system on the east side of Naples Avenue to the south property line of Scott's 4th Addition to Iowa City, Iowa; Branchini and Maas, their heirs, assigns and successors in interest to Lots 1 and 2 of Scott's 4th Addition to Iowa City, Iowa will be responsible for and agree to pay fifty percent (50%) of the liability insurance and real estate taxes for Outlot A of WB Subdivision, Iowa City, Iowa; Branchini and Maas and their heirs, assigns and successors in interest to Lots 1 and 2 of Scott's 4th Addition, Iowa City, Iowa agree to pay fifty percent (50%) of any future expenses which may arise in connection with the maintenance of the storm water detention basin located on Outlot A of WB Subdivision, Iowa City, Iowa. These future maintenance expenses include, but are not limited to, any dredging or improvements deemed necessary by a governing authority such as fencing and/or signage. It is agreed by and between all parties herein that any future maintenance expenses for said detention basin not mandated by the governing authority (i.e. City of Iowa City, Johnson County, etc.) shall be mutually agreed upon by and between Maxwell, Branchini and Maas. If such agreement cannot be reached, it is agreed that said dispute shall be mediated by an unbiased third party to be chosen by Maxwell, and Branchini and Maas. Said mediator's decision shall be binding on all parties concerned. Upon the execution of this instrument, Branchini and Maas shall make a cash payment in the amount of $8,718 in exchange for the use of the storm water detention basin located on Outlot A of WB Subdivision, Iowa City, Iowa. Furthermore, Branchini and Maas, their heirs, assigns and successors in interest, agree to reimburse Maxwell in the amount of $6,282 for the expense Maxwell incurred in up-sizing the storm sewer system from eighteen inch reinforced concrete pipe to thirty inch reinforced concrete pipe which was necessary to accommodate the future flow from Branchini and Maas's detention basin; and Branchini and Maas, their heirs, assigns and successors in interest to Lots 1 and 2 of Scott's 4th Addition to Iowa City, Iowa must obtain written approval from Maxwell, its heirs, assigns and successors in interest to Outlot A of WB Subdivision, Iowa City, Iowa, for any site and building plans for construction on Lots 1 and 2 of Scott's 4th Addition to Iowa City; however, on the 6th day of July, 1999, Maxwell, Branchini and Maas reviewed the site ~3- and building plans for construction on Lots 1 and 2 of Scott's 4th Addition to Iowa City, Iowa and said plans were approved as presented to Maxwell. Thereby, no written approval of the June 11, 1999 site and building plan is required. Maxwell certifies that the storm water detention basin located at Outlot A of WB Subdivision, Iowa City, Iowa has been deemed of sufficient size to accommodate the storm water from Lots 1 and 2 of Scott's 4th Addition to Iowa City. The City has required these provisions for the alternative accommodation of stormwater as a condition of the vacation of the stormwater management easement on Lots 1 and 2 of Scott's 4th Addition, Johnson County, Iowa. As such, the City of Iowa City shall have the right, but not the obligation, to enforce the terms of this agreement as a third-party beneficiary of this agreement. Further, this agreement shall not be amended, modified or terminated through private agreement without the City's written consent and approval. Lastly, the City shall have no obligation or duty to inspect, accept, maintain, upgrade, improve or construct the Stormwater Management Basin located on Outlot A, W.B. Development, Iowa City, Iowa. These mutual covenants are executed by the parties on the date given above in Iowa City, Iowa. MAXWELL DEVELOPMENT, L.C. Pamela S. Branchini CITY OF IOWA CITY, IOWA Ernest W. Lehman, MAYOR Marnan K. Karr, CITY CLERK Burdette A. Maas A. Maas STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this lb'g~ day of August, 1999, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Jeffrey L. Maxwell, to me personally known, who being by me duly sworn, did say that he is the Managing Member of Maxwell Development, L.C., an Iowa Limited Liability Company; that no seal has been procured by the said Maxwell Development, L.C., an Iowa Limited Liability Company; that said instrument was signed on behalf of said Maxwell Development, L.C., an Iowa Limited Liability Company by authority of its managers that said Jeffrey L. Maxwell acknowledged the execution of said instrument to be the voluntary act and deed of Maxwell Development, L.C., an Iowa Limited Liability Company by its voluntarily executed. Notary Public in and for the State of Iowa State of Iowa ) ) sSo County of Johnson ) On this [~-I~ day of August, 1999, before me, a notary public, personally appeared Lynn S. Branchini and Pamela S. Branchini, known to me to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the instrument as their voluntary act and deed. Notary Public in the State of Iowa State of Iowa ) County of Johnson ) On this l{c, day of August, 1999, before me, a notary public, personally appeared Burdette A. Maas and Julie A. Maas, known to me to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the instrument as their voluntary act and deed. Notary Public in the Stat{ o ',IpVaMvVALER!E BU~N~ State of Iowa ) ) SSo County of Johnson ) On this o4- ~ day of August, 1999, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known to be the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is sealed on behalf of the corporation, by authority of its City Council and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary, Public in the State of Iowa Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RELEASE OF FUTURE STORMWATER FACILITY BASIN EASEMENT AGREEMENT The City of Iowa City, Iowa, does hereby release the property legally described and depicted as "Proposed Storm Water Detention Basin Easement" as originally shown on the Final Plat of Scott's Fourth Addition, Johnson County, Iowa, as recorded in Plat Book 34, Page 268, and as described within the Future Stormwater Facility Basin Easement Agreement from a lien or cloud upon the title placed thereon under said plat and the Future Stormwater Facility Basin Easement Agreement granted to the City of Iowa City, Iowa and recorded in Book 1818, Page 285, of the Johnson County Recorder's Office. The City of Iowa City, Iowa hereby releases its rights under said easement as specifically designated and described in the foregoing instruments from any and all interest the City of Iowa City may have in said property by operation of the foregoing instruments. The City retains all other easements shown on said final plat or otherwise conveyed and not specifically released by this document. Ernest W. Lehman, Mayor STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ~ ~da On this ~ y of August, 1999 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Doug Boothroy, Dir., Hsg. & Insp., 410 E. Washington, Iowa City, IA 52240, (319) 356-5121 RESOLUTION NO. 99-294 RESOLUTION APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) ALLOCATION AND DESIGNATION -OF MAGGIE GROSVENOR AS THE PROJECT OFFICER WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has authorized funding for 1998 Comprehensive Improvements Assistance Program (CLAP) funds; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher and Public Housing Program; and WHEREAS, the participants of the housing assistance programs and the citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds; AND WHEREAS, Maggie Grosvenor is the Housing Administrator of the Iowa City Housing Authority and is the direct supervisor of the operations of the Iowa City Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said certifications and agreements, and budget to the Department of Housing and Urban Development for ClAP funds. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest to the appointment of Maggie Grosvenor as the project officer. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 24th day of August , 1999· ATTEST: CIT~- CLERK Approved by City'AttorA~ce '/# ' ~'f hisasst\ciapbudg .doc Resolution No. 99-294 Page 2 It was moved by Vander'hoef and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kub,by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 99-295 . RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCOTT BOULEVARD EAST, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Scott Boulevard East, Part 4; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Scott Boulevard East, Part 4, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 24th ATTEST: CIT~LE'~RK '¢t//' '~"'~ ppdadmin/res/scottpre.doc day of August , 1999. Resolution No. 99-295 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry AYES: NAYS: ABSENT: X X X X X X X Champion Kub.bY Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 99-296 RESOLUTION APPROVING FINAL PLAT OF SCOTT BOULEVARD EAST, PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk the final plat of Scott Boulevard East, Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the West One-Half of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the Southwest Corner of the Southwest Quarter, of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N00°53'02"W, along the West Line of said Southwest Quarter, 2045.12 feet; Thence N89°06'58"E, 52.16 feet, to a Point on the Easterly Right-of-Way Line of Scott Boulevard, as presently located, and the POINT OF BEGINNING; Thence continuing N89°06'58"E, 537.69 feet; Thence S00°51'17"E, 414.99 feet; Thence S00°21'18"W, 407.60 feet; Thence Southeasterly, 52.89 feet, along a 272.59 foot radius curve, concave Southwesterly, whose 52.81 foot chord bears S58°56'26"E; Thence S36°37'04"W, 272.59 feet; Thence S89°05'53"W, 64.30 feet, to a Point on the Easterly Right-of-Way Line of said Scott BouleVard; Thence N23°23'04"W, along said Easterly Right-of-Way Line, 586.84 feet; Thence Northwesterly, 540.41 feet, along said Eastedy Right-of-Way Line, on a 1587.02 foot radius curve, concave Northeasterly, whose 537.80 foot chord beam N13°37'46"W, to the Point of Beginning. Said Tract of land contains 9.50 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. Resolution No. 99-296 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this ATTEST:Ci~LER-~K "~- 24th day of Au ust ,~9,~~~.,~ Is It was moved by Norton adopted, and upon roll call there were: and seconded by Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdadmin~resL~cott~ou.doc 08-24-99 6i Prepared by Melody Rockwell, Assodate Planner, 410 E. Washington Street, Iowa City, IA 52240; 3191356-5251 RESOLUTION NO. 99-297 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF MILDER MEADOWS, A RESUBDIVISION OF LOT 1 OF MILDER'S SUBDIVISION AND AUDITOR'S PARCEL B IN THE WEST V2 OF SECTION 17-T79N--R5W OF THE 5TM P.M., JOHNSON COUNTY, IOWA, A 47.69-ACRE, THREE- LOT RESIDENTIAL SUBDIVISION WITH ONE AGRICULTURAL OUTLOT LOCATED ON THE NORTH SIDE OF AMERICAN LEGION ROAD ONE-HALF MILE EAST OF TAFT AVENUE WHEREAS, Gerald J. Milder and Pauline F. Milder, filed with the City Clerk of Iowa City, Iowa, as owners of Auditor's Parcel B and on behalf of Kenneth P. Saylor, Jr. and Neana M. Saylor, owners of Lot 1 of Milder's Subdivision, an application for approval of the final plat of Milder Meadows, A Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West ¼ of Section 17-T79N-R5W of the 5th P.M., Johnson County, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and, after due deliberation, recommended that said final plat be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat conforms with Chapter 354, Code of Iowa (1999) as well as the policies set forth in the Johnson County - Iowa City Fringe Areas Agreement and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The final plat of Milder Meadows, A Resubdivision of Lot 1 of Milder's Subdivision and Auditor's Parcel B in the West ¼ of Section 17-T79N-R5W of the 5th P.M., Johnson County, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owners/subdividers. Passed and approved this 24th day of August , t' ,A~y(~J~~ 9 9 DR ACit~~s 0 ~'> ppdadmin\res%rnilder2 .doc Resolution No. Page 2 99-297 It was moved by 0'Donne] ] and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef r y t ,L~ ~ Whereupon, Council Member Thornberry introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of ,1999, at this place. Council Member called and the vote was, Norton seconded the motion. The roll was AYES: Lehman, Norton, O'Donnell. Thornberry, 8 Vanderhoef, Champion NAYS: }(uhhy Whereupon, the Mayor declared the measure duly adopted. Resolution No. 99-298 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of acquiring land, designing and constructing a mixed use parking facility, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: -6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as-a declaration of official intent under Treasury Regulation 1.150-2, because the City'reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 24th day of Auqust ,1999. ATTEST: City Clerk PGOODRICHM94751\lM0714051 -7- 08-24-99 Whereupon, Council Member Thornberry introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,000,000 PARKING SYSTEM REVENUE BONDS," and moved its adoption. Council Member Norton seconded the motion to adopt. The roll was called and the vote was, A~t~ES: Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Lehman NAYS: Ku b by Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 99-299 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,000,000 PARKING SYSTEM REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $3,000,000 Parking System Revenue Bonds for the purpose of paying costs of extending, improving and equipping the parking facilities system of the City, including the construction of a multi-level facility for the parking of vehicles to be located at or near the south side of Iowa Avenue between Linn Street and Gilbert Street; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $3,000,000 Parking System Revenue Bonds for the foregoing purpose. -4- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. PASSED AND APPROVED, this 24th day of August .1999. Mayor ATTEST: Clerk -5- 08-24-99 I Prepared by: Kumi Mords, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 99-300 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY CHAUNCEY SWAN FOUNTAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa· The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the T Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 21s day of September, 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 28th day of September, 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 24th day of A u g u , C~T~2~~ A oved by ATTEST:Ci~ ~. City Attorney's Office pwengVes~ha uncey. doc Resolution No. 99-300 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef 08-24-99 i Prepared by: Chades Schmadeke, Director, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 99-301 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOCCER FIELD SANITARY SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 10th day of September, 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 14th day of September, 1999, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 24 th ATTEST:Ci_~~ ~"~- pwengVes~soccffld doc Resolution No. 99-301 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Le!'~'nan Norton O'Donnell Thornberry Vanderhoef Prepared by Lisa Mollenhauer, Admin. Asst. to the City Manager, 410 E. Washington St., Iowa City, IA 52240, 356-5010 RESOLUTION APPROVING THE WINTER 1999/2000 DEER MANAGEMENT PLAN FOR IOWA CITY. Resolution No. 99-302 WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options; and WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a deer management plan that is designed to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, the Iowa City/Coralville Deer Management Committee has thoroughly reviewed the deer population problem in Iowa City and made recommendations on the best methods to resolve this problem; and WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and WHEREAS, the attached deer management plan for Winter 1999/2000 is in harmony with the long-term plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it is in the public interest to adopt the attached Winter 1999/2000 Deer Management Plan and the City Manager is hereby authorized and directed to take all actions necessary to implement said plan, including, but not limited to, engaging appropriate personnel and declaring certain public areas of the City "no trespassing" to the public. Passed and approved this 24thday of Aug , 1999. ATTEST:7)~~. '=~'J~ It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYES: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thornberry X Vanderhoef 1999/2000 DEER MANAGEMENT PLAN It is the unanimous decision of the 1999 Iowa City/Coralville Deer Management Committee that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the Winter 1999/2000 Deer Management Plan, that shall include the following elements: 1. The City of Iowa City will continue to assemble educational material that will provide Iowa City residents with information on deer seasonal habits and guidelines for limiting localized deer damage through the use of repellents, screening, alternative planrings, and other techniques. Educational materials will be available at the Civic Center and Public Library along with Government Channel 4 and the City's web site. A video will be produced summarizing Iowa City's Deer Management plan and tips on how humans may best coexist with deer. 2. The City of Iowa City will install additional warning signs and reflectors that may reduce the likelihood of vehicle/deer accidents. In addition, to minimize deer/vehicle conflict, Council will direct appropriate staff to include deer migratory under-passageways in transportation improvement project designs if the project involves an area with more than 35 deer per square mile and cost or other significant factors are not prohibitive. The City of Iowa City will actively work with the State of Iowa Department of Natural Resources to fully understand and support their efforts to control the deer population for which that agency is responsible and which affects the health, safety, and welfare of Iowa City residents. 4. The City of Iowa City will request that White Buffalo, Inc. assess the feasibility of a deer contraception study in Iowa City. The City of Iowa City will immediately apply for permits from the State of Iowa Department of Natural Resources to implement the plan to kill no more than 733 deer within the Iowa City corporate limits utilizing sharpshooting during the winter of 1999/2000, Does will be targeted, but some bucks may be killed. To better our understanding of Iowa City's deer reproductive rates, the City of Iowa City, in cooperation with the Iowa Department of Natural Resources, the private sharpshooting agency and/or any selected meat processor, will allow for reproductive autopsies to be performed on deer killed. The City of Iowa City will fully comply with all rules and regulations promulgated by the Iowa Department of Natural Resources governing the killing of deer, will exercise great caution and safety in implementing the program, will utilize the most humane methods available, and will ensure that the deer meat is processed for free distribution to low- to moderate-income residents,.. The City of Iowa City will continue to compile data on deer management including but not limited to vehicle/deer accident information, citizen comments, and an annual helicopter deer count. In addition, the City Council will convene a meeting of the Iowa City/Coralville Deer Management Committee in the Spring of 2000 to review and recommend a plan. The City of Iowa City will conduct an evaluation of the effectiveness of this Deer Management Plan at the City Council Formal Meeting no later than April 30, 2000. A report will be filed with the State of Iowa Department of Natural Resources. Approved this 16th day of August, 1999, by a vote of 10-0 (Goodman-Herbst and Hendrix absent). Iowa City/Coralville Deer Management Committee Winter 199912000 Deer Management Plan -" 5 08-24;99 18 Prepared by: James Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 99-303 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 1999 HIGHWAY TURN LANE ,IMPROVEMENT PROJECT. WHEREAS, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible bid of $55,626.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to All American Concrete, Inc., subject to the condition that awardee secure .adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of Augu.~t ,19 9q ATTEST:CT..i~LE~--~K ~- Approved by City Attorney's Office pweng\res\turn.doc Resolution No. 99-303 Page _.?__ It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ADVFRTISFMFNT FOR BIDS 1999 HIGHWAY TURN LANE IMPROVEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 17~ day of'August, 1999, and shall be received in the City Clerk's office no later than said date and time, or at a later date to be published as required by law. Sealed proposals will be opened immediately thereafter by the City.' Engineer. Bids submitted by fax maChine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 24~ day of August, 1999, or at suCh later time and place as may. be sCheduled. The Project will involve the following: Phase One: The addition of a right-tum lane on Hwy 1 at Sunset Street; and, Phase Two: the extension of a left turn lane on U.S. Hwy 6 at First Avenue. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer, of Iowa City, Iowa, whiCh have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. EaCh proposal shall be completed on a form fumished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid secudty shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensudng the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bends of the lowest two or more bidders may be retained for a peded of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be retumed after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to fumish a bond in an amount equal to one hundred percent (100%) of the contract pr'~c,e, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all daims and darnages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a pedod of five (5) year(s) from and after its completion and formal acceptance by he City. The following limitations shall apply to this Project: Working Days: 21 Specified Start Date: September 13, 1999 Liquidated Damages: $200 per day The plans, specifications and proposed contra~t documents may be examined at the office of the City Clerk. Copies of said plans and specffications and form of proposal..blanks may be secured at the Off'K:e Of Public Works/Engineering Department, City of Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospecti~/e bidders are advised that the City of Iowa City desires to employ minority contractors and subcentmctors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcentmctors, together with quantities, unit pdces and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBEs. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the dght to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK 08-24-99 19 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 99-304 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'!'rEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY TRANSIT METHANE ABATEMENT PROJECT. WHEREAS, A & L Underground, Inc. of Olathe, Kansas has submitted the lowest responsible bid of $148,952.03 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to A & L Underground, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of August ,19 99 A'I'I'EST:CI~C.p(~LER,~_j 1~. Approved by City Attorney's Office pweng\res\rnethane2.doc Resolution No. 99-304 Page _2. It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef 1 1 1 -1 1 '1 REQUEST FOR QUALIFICATIONS PACKAGES AND BIDS METHANE ABATEMENT PROJECT PHASE 1: HORIZONTAL VAPOR EXTRACTION WELL INSTALLATION Qualifications Packages will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 10"` day of August, 1999. Pre- Qualified bidders are not required to resubmit Qualification Package. Qualified bidders will be announced by 12:00 Noon on the 11~ day .c;f August, 1999. Following the qualification process. Sealed proposals will be received by the City Clerk of the City of Iowa City. Iowa, until 4:30 P.M. on the 17th day of August, 1999. or at a later date as determined by the Director of Public Works or designee, and shall be received in the City Clerk's office no later than said date and time. Sealed bids will be opened thereafter by the City Engineer or designee and thereupon be referred to the City Council of the City of Iowa City for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7:00 P.M. on the 24"' of August, 1999. or at such later time and place as may then be fixed. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. The Project will involve the following: The installation of horizontal vapor extraction wells (totaling approximately 1050 feet in total length) beneath the Iowa City Transit Facility using only horizontal, directional ddlling technologies. All work is to be done in strict compliance with the plans and specifications prepared by Terracon, of Rock Island, Illinois. which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Because the work is eighty (80) percent Federally funded, compliance with FTA requirements is mandatory. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insudng the faithful performance of the contract and mainte- AF-1 .J J J J .I nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a peded of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Coundl. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract pdce, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also '- protect and save harmless the City from all claims ' and damages of any kind caused directly or indirectly by the operation of the contract. Prospective bidders are advised that the City of Iowa City desires to employ minodty contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other · parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. The City reserves the dght to reject any or all proposals, and also reserves the dght to waive technicalities and irregularities. Published upon order of the City Coundl of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 08-24-99 20 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 99-305 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'!'I'EST A CONTRACT FOR CONSTRUCTION OF THE 1999 SANITARY SEWER REHABILITATION PROJECT. WHEREAS, Visu Sewer Clean & Seal, Inc. of Pewaukee, Wisconsin has submitted the lowest responsible bid of $102,332.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Visu Sewer Clean & Seal, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. J The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance cedificates, and contract compliance program statements. Passed and approved this 24th day of August ,19 99 Approved by City Attorney's Office pweng\res\visu .doc Resolution No. 99-305 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: 0' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS 1999 SANITARY SEVVER REHABILITATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17~ day of Auaust 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 24~ day of Auaust. 1999, or at such later time and place as may then be scheduled. The Project will involve the following: Cured-In-Place Pipe for approximately 440 feet of 15' diameter VCP, 310 feet of 24' diameter concrete pipe sanitary sewer mains and 835 feet of 8" VCP. Remove protruding day service tap and clean and televise 217 ft of 12' sewer main All work is to be done in strict compliance with the plans and sped~cations prepared by McClure Engineering Company, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form fumished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of lewa City in the event the successful bidder tails to enter into a contract within ten (10) calendar days and post bend satisfactory to the City insudng the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a pedod of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be retumed after the canvass and tabulation of bids Is completed and reported to the City Council. AF-1 The successful bidder will be required to fumish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a respensibie surety approved by the City Coundl, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a pedod of .two ( 2 ) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 20 Spedfled Completion Date: December 3. 1999 Liquidated Damages: $250 per day The plans, specifications and prepesed contract documents may be examined at the office of the City Clerk. Copies of said plans and spedflcations (including a videotape of existing sewer main) and form of propocal blanks may be secured at the Office of McClure Engineering Company, 1486 South First Avneue, Iowa City, Iowa, Ph. 319/341- 0045 by bona fide bidders. A $25 non-refundable fee is required for each set of plans and spedfications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to McClure Engineering Company. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit pdces and extended dollar amounts, If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBEs. A listing of minodty contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Redprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. AF-2 The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of fie City Coundl of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK ~"' 08-24-99 Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, Iowa City, IA 52240, 319-356-5100 RESOLUTION NO. 99-306 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE OAKLAND CEMETERY PHASE ONE EXPANSION PROJECT. WHEREAS, Paterson Contractors Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of $374,659.20 for the construction of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the above-named project is hereby awarded to Paterson Contractors, Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this ATTEST:Ci'~Li~R~ Approved by //'. --,,-,, City Attorney's Office It was moved by and upon roll call there were: AYES: X X X X X X X Thornberry and seconded by NAYS: ABSENT: Vanderhoef the Resolution be adopted, Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef parksrec~res%cemetery.doc ADVERTISEMENT FOR BIDS PHASE 1 OAKLAND CEMETERY EXPANSION Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. local time, on Tuesday, August 17, 1999 and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for the purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 PM on Tuesday, August 24, 1999, or at such later time and place as may be scheduled. The project will involve the following: Clearing and grubbing, earthwork, storm sewer installation, water line installation, concrete drive construction, columbarium construction (cremain burial vault), seeding, and installation of plant material. All work is to be done in strict compliance with the plans and specifications prepared by Dunbar/Jones Partnership, of Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall 2 guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and · specifications and form of proposal blanks may be secured at the Office of Dunbar/Jones Partnership of Des Moines, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies, or other parties with whom the bidder intends to subcontracto This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully requii'ed under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK parksrec~notoakla .doc Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, Iowa City, IA 52240, 319-356-5100 RESOLUTION NO. 99-307 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE PROJECT IN CITY PARK. WHEREAS, Moore Construction Company of Iowa City, Iowa has submitted the lowest responsible bid of $372,950, including one alternate, for the construction of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the above-named project is hereby awarded to Moore Construction Company, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of August , 1999. Approved by City Attorney's Office It was moved by Thornberr.y and upon roll call there were: AYES: X X X X X X X and seconded by Norton NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be adopted, parksrec\res\stage2. doc ADVERTISEMENT FOR BIDS RIVERSIDE FESTIVAL STAGE IN CITY PARK, IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m. on the 18th day of August, 1999, and shall be re- ceived in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7 p.m. on the 24th day of August, 1999, or at such later time and place as may be scheduled. The Project will involve the following: Construction of the Riverside Festival Stage in City Park. All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson, P.C., 111 E. College Street, Iowa City, Iowa, 52240, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each bid shall be made on the Bid Form prepared for this purpose and is included in the Project Manual. Each Bid shall be accompanied by a Bid Security attached in a separate envelope. The Bid Security will be a Bid Bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed thirty (30) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt NB-1 payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to proceed: On or before 45 days after the bid date. Completion Dates: Entire Project: May 1 st, 2000 Liquidated Damages: None. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal may be secured at the Office of Neumann Monson, P.C., 111 E. College Street, Iowa City, Iowa, 52240, Iowa, by bona fide bidders. A $50.00 refundable deposit and a $5.00 non- refundable handling charge is required for each set of plans and specifications provided to bidders or other interested persons. The deposit and fee shall be in the form of two separate checks, made payable to Neumann Monson, P.C. The $50.00 check will be refundable upon return of said plans and specifications in good and useable condition within ten days after bids are received. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the dght to waive technicalities and irregularities. -- Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK NB-2 08-24-99 23 Prepared by: Terry Trueblood, Parks & Rec. Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-308 RESOLUTION SUPPORTING THE RIVERSIDE FESTIVAL STAGE PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, the City of Iowa City has heretofore acknowledged the importance of constructing the Riverside Festival Stage in City Park; and WHEREAS, the City of Iowa City recognizes the unique potential and benefit of said project for the citizens of Iowa City and the surrounding area, from both a recreational and economic development standpoint; and WHEREAS, said project will serve multiple purposes; and WHEREAS, the City Council has appropriated $120,000 in General Obligation Bonds to assist with this project; and WHEREAS, the Iowa Department of Economic Development has grant funds available through its "Recreation, Environment, Art and Cultural Heritage (REACH)" Initiative; and WHEREAS, the City of Iowa City in cooperation with Riverside Theatre has prepared a grant application for submission to the Iowa Department of Economic Development which now requires approval and directive by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above described REACH Grant Application receive the support of the City Council, and the Mayor is authorized to sign the application for funding. Passed and approved this 24thday of August ,1999. A'R"EST: Ci2~~,, ) Approved by C Att e parksrec\res\shakespe.doc Resolution No. 99-308 Page 2 It was moved by Thor'nber'r'v and seconded by adopted, and upon roll call there were: Vander'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kub,.by Lehman Norton O'Donnell Thornberry Vanderhoef 08-24-99 24 Prepared by: Terry Trueblood, Parks & Rec. Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-309 RESOLUTION SUPPORTING THE RIVERSIDE FESTIVAL STAGE PROJECT AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO BE SUBMITTED TO THE IOWA DEPARTMENT OF NATURAL RESOURCES WHEREAS, the City of Iowa City has heretofore acknowledged the importance of constructing the Riverside Festival Stage in City Park; and WHEREAS, the City of Iowa City recognizes the unique recreational potential and benefit of said project for the citizens of Iowa City and the surrounding area; and WHEREAS, said project will serve multiple purposes; and WHEREAS, the City Council has appropriated $120,000 in General Obligation Bonds to assist with this project; and WHEREAS, the Iowa Department of Natural Resources has grant funds available through its "Recreation Infrastructure Grant Program"; and WHEREAS, the City of Iowa City in cooperation with Riverside Theatre has prepared a grant application for submission to the Iowa Department of Natural Resources which now requires approval and directive by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the above described Recreation Infrastructure Grant Application receive the support of the City Council, and the Mayor is authorized to sign the application for funding. Passed and approved this ~ day of A"I'FEST:/~/' ~; ~ CF'~CLERK AUgu~ ,1999. Approved by City Att~rney's Office parksrec\res\shakesp2.doc Resolution No. 99-309 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kub,.by Lehman Norton O'Donnell Thornberry Vanderhoef 08-24-99 I 25 Prepared by: Heather Shank, Human Rights, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5022 RESOLUTION NO. 99-310 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION. WHEREAS, the Iowa City Human Rights Commission revised and unanimously adopted by- laws and; WHEREAS, it is in the public interest to adopt by-laws which set forth the duties and the attendance policy of the commission; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the by-laws of the Iowa City Human Rights Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City council. Passed and approved this 24th day of August ,1999. ATTEST:Ci~LE~~K ?/1/. It was moved by Not-ten and seconded by adopted, and upon roll call there were: ~'DnnnPll the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef c~v~ghl/res/byiaws2.doc BY-LAWS OF THE IOWA CITY HUMAN RIGHTS COMMISSION AUGUST 1999 II. III. NAME AND AUTHORITY The name of this organization is the Iowa City Human Rights Commission, referred to in these by-laws as the Commission. The Commission is authorized by the City Council of the City of Iowa City through Municipal Ordinance Number 95-3697, effective date November 15, 1995. PURPOSE A. As stated in Section 2-1-2 of the Human Rights Ordinance. Through the Commission, the ordinance provides for execution within the City of Iowa City, the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Act. The Commission also promotes cooperation between the City of Iowa City and the State and Federal agencies enforcing these acts. MEMBERSHIP Cm Membership; Appointment; Term of Office; Vacancies: The Commission shall consist of nine (9) members, appointed by vote of the City Council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. If a position becomes vacant by reason of resignation or otherwise and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through subsequent regular term. Appointments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. Human Rights Ordinance, Section 2-2-3. Commissioner is expected to attend twelve (12) regularly scheduled monthly meetings during the calendar year. The Chairperson or Human Rights Coordinator shall be notified of an absence prior to any meeting. Three consecutive absences or four absences in a 12 month period may result in: a. A vote by simple majority to request the resignation of the Commissioner in violation of the absence policy. A vote by simple majority to recommend to City Council that the Commissioner in violation of the absence policy be removed from the Commission. Commissioners shall serve without compensation. Actual and necessary expenses incurred may be reimbursed by the City Council. Orientation for Commissioners, including functions, duties and responsibilities, shall be conducted by the staff assigned to the Commission. IV. VI. OFFICERS A. The Commission shall have three (3) officers: Chairperson, Vice Chairperson and Secretary. B. Officers shall perform the duties set forth in these by-laws. The Chairperson must designate a Chairperson pro-tem when necessary. C. The Chairperson and Vice-Chairperson shall be elected-from the Commission's membership at its regular January meeting for a one (1) year term. D. The Secretary shall be selected at the January meeting for a one (1) year term. the Secretary may, but need not be, a Commissioner. E. The Commission shall fill vacancies among its officers for the remainder of an unexpired term. FULL COMMISSION MEETINGS A. At least one (1) regular meeting shall be held each month. B. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special meeting. 1. At least one (1) full day's written notice of meeting place, time and agenda shall be given each Commissioner and the media. 2. Insofar as possible, only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non- agenda items. C. A quorum shall consist of five (5) Commissioners. 1. A majority of present and voting members shall be necessary to pass a motion. 2. The Chairperson shall vote as a member. D. Commission meetings shall be public except where provided in Iowa Code, §21.5. SUBCOMMI'I'I'EE AND TEAM MEETINGS A. Since meetings are scheduled by the consensus of the committee members, attendance is mandatory. B. In case of emergency, the committee chair person or team captain shall be notified in advance so the meeting can be rescheduled. VII. CONDUCT OF COMMISSION BUSINESS Commission officers shall set the agenda provided Commissioner suggestions are considered· Each Commissioner and staff member shall be provided an agenda prior to the monthly meeting· The Commission's Secretary and/or designee shall record all activities and statements made at Commission meetings, hereafter known as minutes of the meeting. All Commission records shall be public except those excluded pursuant to Iowa Code, Chapter 22; Iowa City's Human Rights Ordinance, Section 2-2-4. VIII. PUBLIC RECORDS; EXCEPTIONS A. All records of the Commission shall be public, except: Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investigation of any charge shall be closed records unless a public hearing is held. Human Rights Ordinance, Section 2-2-4 (A)(1). The minutes of any session closed under the provision of this title shall be closed records. Human Rights Ordinance, Section 2-2-4 (A)(2). No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, except as may be necessary to conduct an investigation of a complaint. Nothing in this provision shall prevent the Commission from releasing such information concerning alleged or acknowledged discriminatory practices to the Iowa Civil Rights Commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Commission or its staff shall constitute grounds for removal. Human Rights Ordinance, Section 2-2-4 (B). The rules in the current edition of Roberrs Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Commission may adopt. IX. SUBCOMMI'I'I'EE APPOINTMENTS Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number of committees, is deemed necessary. The committee(s) shall consist of no more than four Commission Members appointed by the Commission Chairperson. X. POWERS AND DUTIES OF THE COMMISSION Duties: It is each Commissioner's responsibility to take an active role in the work of the Commission. This shall include reviewing human rights complaints and the investigative XI. file, attending Commission meetings, and planning and attending community/educational functions. Powers: The Commission created by Chapter 2, Section 2-2-2, of the Human Rights Ordinance, shall have the following powers: To receive, investigate and finally determine the merits of complaints alleging unfair or discriminatory practices. To investigate and study the existence, character, causes and extent of discrimination in the areas covered by this title and eliminate discrimination by education, conciliation and enforcement, where necessary. Cm To issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. To prepare and transmit to the City Council, from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered and the other work performed by the Commission. To make recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable. To cooperate, within the limits of any appropriations made for its operation with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this title and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. Gm To adopt guidelines by which to determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. Hm To make recommendations to the City Manager and City Council regarding the affirmative action program of the City and to offer assistance to City departments to ensure fair employment procedures and the provision of City services without bias. Seek a temporary injunction against a respondent when it appears that a complainant may suffer irreparable injury as a result of an alleged violation of the Human Rights Ordinance. Issue subpoenas and order discovery to aid in investigation of allegations of discrimination. HUMAN RIGHTS COMPLAINT PROCESS A. Filing of Complaint Within twenty (20) days of the filing of the complaint, a copy will be crossfiled with the Iowa Civil Rights Commission. Thereafter, appropriate case information will be sent upon request by the I.C.R.C. 4 Other appropriate enforcement agencies shall be notified of the complaint and sent relevant case information if requested unless specifically prohibited by the complainant or representing attorney. The Commission's Coordinator and/or designee shall inform persons filing complaints of discrimination of: a. Appropriate Federal and State enforcement agencies; The complainanrs right to file a charge of discrimination under Federal and State Civil Rights laws either instead of, or in addition to, filing under the local ordinance; the right to retain a private attorney; the Commission's duty to forward a copy of the complaint to the Iowa Civil Rights Commission. Initiation of complaint investigation The Investigator will establish a file for each discrimination complaint. Each file will be'assigned a Human Rights case number. The Investigator shall maintain a current flow chart tracking the progress of each complaint. It will also be the responsibility of the Investigator to notify appropriate parties within twenty (20) days of filing date. The Investigator shall draft and mail a questionnaire/document request to the Respondent (and to the Complainant where appropriate). Answers and documents are to be received by the Investigator within thirty (30) days of the receipt of the request, unless an extension has been granted by the Investigator. After reviewing the materials responsive to the questionnaire/document request, the Investigator shall determine whether the complaint warrants further investigation. If the Investigator finds there is a reasonable possibility of a probable cause determination, or that the legal issues presented in the complaint need further development, the case shall be investigated by an authorized member of the Commission's staff. If the Investigator determines that a complaint does not warrant further processing, the case file shall be reviewed by the City Attorney and a Human Rights Commission team. If the Commission team determines that the complaint does not warrant further investigation, the complaint shall be administratively closed· Notice of such closure shall be promptly served upon the Complainant, and shall state the reasons for administrative closure. A Complainant may object to the administrative closure, and request review within ten (10) days of receipt of the written notice. If a Complainant makes such a timely request for review, the Investigator, City Attorney, and Human Rights Commission team shall promptly review the Complainant's request and all relevant material. If, after review, the Human Rights Commission team determines that the complaint does not warrant further processing, the Commission shall close the file and notify the Complainant and Respondent of the final decision of administrative closure. If, after review, the Commission team determines that there is a reasonable possibility of a probable cause determination or that the legal issues 5 presented in the complaint need further development, the complaint shall be investigated. The Investigator shall interview the complainant, witnesses. Documents relevant to the charge shall applicable case law shall be reviewed. respondent and be secured and After investigation, but before the Investigator submits a recommendation of probable cause or no probable cause to the City Attorney, the Investigator may seek a disposition through a predetermination settlement. (See Section 2-4-2(E) of Human Rights Ordinance.) The Chairperson will then appoint a conciliation team to review the recommended predetermination settlement and make a recommendation to the Commission. If a predetermined settlement is approved by the Commission, the case will be closed and all parties will be so notified by certified mail. If the conciliation team disapproves of the proposed settlement, the Investigator shall continue with the investigation. If no pre-determination settlement is sought or approved, the Investigator shall file a detailed written report to the City Attorney outlining whether there is or is not probable cause to believe the person charged in the complaint committed a discriminatory practice· City Attorney's Probable Cause Determination After review of the file and the investigative summary in a case, the City Attorney shall submit an independent decision, in a timely manner, as to whether there is probable cause to believe the respondent has discriminated against the complainant. The City Attorney will submit the file and probable cause decision to the Human Rights Commission within thirty (30) working days of receiving the Investigator's report and recommendation. The City Attorney can, for good cause, request from the Human Rights Chair, an extension of time to submit a probable cause determination. The extension will be granted with a showing of good cause. Human Rights Commission Team and Probable Cause Determination After the Investigator and City Attorney have made their determinations regarding probable cause, the Human Rights Coordinator shall promptly assign the complainant's file to a Human Rights Commission team, for an independent evaluation as to whether there is probable cause to believe discrimination occurred. The Human Rights Commission must submit a written probable cause determination within thirty (30) days following receipt of the case. The Human Rights Commission Team can, with good cause, request from the Human Rights Chair, an extension of time to submit a probable cause determination· The extension will be granted with a showing of good cause. A majority of the Team is required to make a recommendation to the Commission. 6 After a probable cause determination has been made, the Investigator shall notify all appropriate parties by certified mail of the finding and the reasons for the finding. If a no probable cause determination has been reached, the Complainant will have a right to appeal the decision within 10 days of receipt of the written notice. The Complainant should be advised to present all new information and corroborating material to support the appeal at the hearing. The Human Rights Commission Team shall hear the Complainant's evidence within thirty (30) days of the request for review. If it has been determined that there is probable cause to believe discrimination took place, the Human Rights Commission Team assumes the responsibility of conciliation. The team is, thereafter, referred to as the Conciliation Team. Conciliation Team responsibility The Conciliation Team shall seek to resolve a discrimination complaint through conciliation· Human Rights Ordinance, Section 2-4-4. If the Conciliation Team is unable to effectuate a disposition within ninety (90) days after the finding of probable cause the Commission may order the conciliation conference procedure to be bypassed. The Conciliation Team shall state in writing the reasons for bypassing further conciliation efforts. The statement should include a summary of the conciliation effort, the principal facts as disclosed in the investigation and other relevant reasons for the recommendation. Human Rights Ordinance, Section 2-4-4(A). If the Conciliation Team reaches a disposition agreeable to the complainant and respondent, the agreement shall be reduced to written agreement. If the Conciliation Team is unable to reach a disposition agreeable to the parties, the team shall notify the Commission of the result· The Team may recommend: a. No further action be taken and the file be closed. b. A Public Hearing will be held. Administrative Closure Should a complaint pending before the Commission be resolved or closed by the Iowa State Civil Rights Commission or the Equal Employment Opportunity Commission, the Commission Chairperson shall appoint a conciliation team to review the disposition. If the conciliation team finds that the complaint has been appropriately resolved, the case shall be administratively closed. All parties shall be so notified by certified mail. 7 XII. G. Public Hearing If it is determined that the case should go to public hearing, the Commission shall issue and cause to be served a written notice: Human Rights Ordinance, Section 2-4-6(A) a. Specifying the charges in the complaint; be Requiring the respondent to answer the charges of the complaint at a hearing before the Commission, or a person designated by the Commission to conduct the hearing; = The hearing shall be conducted in accordance with the provisions of Chapter 17A, Code of Iowa for contested cases. The burden of proof shall be on the Commission. Human Rights Ordinance, Section 2-4-6(C). The Commission shall review the hearing officer's decision and may affirm, modify, or reverse the recommended findings, conclusions of law and order· The Commission's final decision shall be made in accordance with the provisions of Section 2-4-7 of the Ordinance. H. Subpoena powers and temporary injunctions Subpoenas may be issued and discovery ordered to aid in investigations of allegations of discrimination. Human Rights Ordinance, Section 2-2-2(J) = The Commission may seek a temporary injunction against a respondent when it appears that a complainant may suffer irreparable injury as a result · of an alleged violation of the Human Rights Ordinance. Human Rights Ordinance, Section 2-2-2(I). I. Admissible evidence in a sexual harassment case In a human rights complaint alleging sexual harassment, the parties making the probable cause determination as to whether discrimination occurred must weigh the prejudicial value and relevance of any evidence concerning the past sexual behavior of the complainant. AMENDMENTS These by-laws can be amended at any regular Commission meeting by a two-thirds (2/3) vote, provided that the amendment has been submitted in writing prior to the meeting at which it is to be acted upon and such amendment is not in conflict with the Human Rights Ordinance, as amended. civright~ylaw899.doc Prepared by: Susan Craig, Library Director, 123 S. Linn St., Iowa City, IA 52240 (319)356-5200 RESOLUTION NO. 99-311 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, THE IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES, AND ENGBERG ANDERSON DESIGN PARTNERSHIP, INC. OF MILWAUKEE TO PROVIDE CONSULTANT SERVICES FOR THE DESIGN OF THE IOWA CITY PUBLIC LIBRARY PROJECT. WHEREAS, the City of Iowa City and the Iowa City Public Library Board of Trustees desire to expand the Iowa City Public Library; and WHEREAS, the City of Iowa City and the Iowa City Public Library Board of Trustees desire the services of a consulting firm to prepare design work, and cost estimation services for the Iowa City Public Library Project, all of which shall be called the Project; and WHEREAS, the City of Iowa City and the Iowa City Public Library Board of Trustees have negotiated an Agreement for said consulting services with Engberg Anderson Design Parternship of Milwaukee, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Engberg Anderson Design Parternship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 24th ATTEST: CiT~LER,~x_2K day of August , 1999. Approved by City Attorney's Office library\res\engberg .doc DESIGN SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 24th day of August 1999 , by and between the City of Iowa City, a municipal corporation, hereina~er referred tc; as "the City," and the Iowa City Public Library Board of Trustees, hereinafter referred to as "the Board," and Engberg Anderson Design Partnership, Inc. of Milwaukee, Wisconsin, hereinafter referred to as "Consultant." WHEREAS, the City and the Board desire the services of a consulting firm to prepare preliminary design work and cost estimates for services for the Iowa Public Library Project. NOW THERERORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provides services to set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City and to do so in a timely and satisfactory manner. IOWA CITY PUBLIC LIBRARY PRELIMINARY DESIGN A. DESIGN WORKSHOPS The Consultant will design two workshops in Iowa City. Alternate proposals will be developed showing options for access to parking, main entry and service entrances, overall layout of service and staff areas, elevator core access, general massing and expansion potential beyond 20 years from the date of occupancy. The preferred design option will be selected by September 30, 1999. B. DESIGN PRESENTATION AND COST ESTIMATES The Consultant will present preliminary plans and elevations which will be refined based on input. The design will then be prepared to presentations/fund raising standards. Final materials including a site plan, building floor plans, elevations and preliminary cost estimates for building and equipment will be prepared for the preferred option and equipment. Final presentations will be made to the City Council. C. DOCUMENTATION The Consultant will deliver 30 copies of the final presentation including site plan, floor plans, elevations and preliminary cost estimates. This material will also be provided in the form of camera ready art and one set of design boards. II. FEES The above services will be delivered for $60,000.00 plus reimbursable expenses. This fee will be considered part of the overall negotiated fee should the Consultant be selected to move ahead with the building as designed after a successful referendum. 2 III. IV. Reimbursable expenses include out-of-pocket costs for travel, lodging, meals, photography, photo-reprographics, prints, copies, postage and long-distance telephone and facsimile phone calls and will be billed at actual cost, separately from fee amount, not to exceed $5,000. Additional meetings beyond five will be billed at per diem rate of $1,000/day per person. A colored rendering will be prepared at a cost of no more than $3,500. TIME OF COMPLETION Engberg Anderson will prepare the work described herein per the following approximate timetable: Begin Preliminary Design Development September 7, 1999 Complete Preliminary Design Development and Cost Estimates December 30, 1999 Present Plans To City Council January, 2000 GENERALTERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. Dm It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional architect affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies or a digital file copy for the Consultant's own use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer of employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 4 Oe The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. CITY OF IOWA CITY Ernest W. Leman, Mayor By: ENGBERG ANDERSON DESIGN By: ~~~ Charles Engberg, Presi Attest: ..~,,-.~4r_~ ~. ~ Manan Karr, City Clerk Approved by ,,Z/'_ _/'J/f/'/-(', ~- -/21,2 City Attorney's Office library~agt\designse.doc O8-24-99 27 Prepared by: Andrew Matthews, City Attorney's Office, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 99-312 RESOLUTION APPROVING TCI CABLEVISION'S RATE FOR BASIC CABLE SERVICE AND OPERATOR SELECTED CHARGES FOR EQUIPMENT INSTALLATIONS, RENTAL AND MAINTENANCE; APPROVING A "MAXIMUM PERMITTED .RATE" FOR BASIC SERVICE; APPROVING ESTIMATED NETWORK UPGRADE ADD-ON CHARGE, AND DIRECTING TCI TO RE-FILE FCC FORM '1235. WHEREAS, pursuant to public law and the regulations of the Federal Communications Commission ("FCC"), the City of Iowa City, Iowa ("City") retains regulatory authority over basic tier cable television services provided by Cablevision VII, Inc. ("TCI Cablevision") in the authorized franchise area encompassing the City; and WHEREAS, on March 1, 1999, for the purpose of requesting and justifying changes in its rates and charges for the 12 month period beginning July 1, 1999, TCI Cablevision filed FCC Forms 1240 and 1235 (Pre-Approval) relating to the rate for basic tier cable programming services and Form 1205 relating to charges for equipment installation, rental and maintenance; and WHEREAS, in the exercise of its regulatory authority, the City has reviewed TCI Cablevision's FCC Form 1240, 1235 and 1205 filings and attachments, as well as supplementary materials furnished by TCI Cablevision in response to the City's informational requests, and has determined that TCI Cablevision's requested rates and charges are reasonable pursuant to application of the City's and the FCC rules and regulations; and, WHEREAS, the City also has determined that TCI Cablevision's calculations for its "Maximum Permitted Rate" for basic tier cable services incorporates excessive and/or unauthorized components and fails to utilize appropriate historical and projected cost factors and, as a result, is overstated; and WHEREAS, the City further has determined that the FCC Form 1235 calculations provided by TCI Cablevision for pre-approval of its network upgrade add-on charge incorporate inappropriate cost components and also are incomplete, because they fail to incorporate required estimates of revenue offsets and operating cost reductions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: TCI Cablevision's requested rate for basic cable service of $12.44 (including the FCC regulatory fee) per subscriber per month, as shown in Attachment 2 (Revised) to the FCC Form 1240, and the operator selected charges for equipment installations, rental and maintenance shown in the FCC Form 1205 are approved to become effective beginning June 1, 1999. TCI Cablevision's "Maximum Permitted Rate" for basic cable service shall be set at $12.37 per subscriber per month and this figure and its components shall be the basis for the starling point in TCI Cablevision's next annual FCC Form 1240 filing. TCI Cablevision's estimated network upgrade add-on charge, to the extent reflected in the requested rate of $12.44 per subscriber per month, is approved on a Resolution No. Page 2 99-312 2 preliminary basis but may be collected only from those customers who actually are receiving services from the upgraded facilities. TCI is hereby directed to re-file the FCC Form 1235 using actual information following the end of the month that the upgraded services become available to all customers. The updated.filing shall include all components required by the FCC Form 1235 instructions. At such time the City will evaluate the updated filing and issue a final order with respect to the maximum permitted network upgrade add-on charge and the time period over which it can be reflected in the basic service tier rates. Passed and approved this 24th day of August ,-1999. ATTEST:Ci--~CLE~RK'~- Approved by City Attorney's Office It was moved by Thornberry and seconded by be adopted, and upon roll call there were: Vanderhoef the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef legaRandy~res\td.doc